The Policy Pulse

NDSC is deeply concerned by a legal opinion issued on June 18 by the U.S. Department of Justice that challenges a long-standing interpretation of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act—laws that help protect the right of people with disabilities to receive services and supports in their communities rather than institutions.

In the Olmstead decision, the Supreme Court held that unnecessary institutionalization of people with disabilities is a form of discrimination and affirmed the right of people with disabilities to receive services in the most integrated setting appropriate to their needs. For people with Down syndrome and other disabilities, that means having the opportunity to live, learn, work, and participate in their communities rather than being unnecessarily segregated from family, friends, and neighbors.

While this DOJ opinion does not change the law or court decision, it will change how federal agencies interpret and apply the law. We are particularly concerned that this new interpretation could weaken support for home and community-based services (HCBS) and increase the risk of unnecessary institutionalization. NDSC remains committed to protecting the rights of people with Down syndrome and other disabilities to live full, inclusive lives in their communities.

https://www.cbsnews.com/news/doj-disability-opinion-community-care/

#ADA #504 #CommunityLiving #Olmstead #Disability #NDSC #downsyndrome

NDSC, in partnership with over 730 other national disability, civil rights, and education organizations have organized a joint statement to the media and Congress opposing the Department of Education's latest transfer of core functions.

Washington, DC — The National Down Syndrome Congress (NDSC) strongly opposes today's announcement that the U.S. Department of Education will transfer the Office of Special Education and Rehabilitative Services (OSERS) to the U.S. Department of Health and Human Services (HHS) and move the Office for Civil Rights (OCR) to the U.S. Department of Justice (DOJ).

Washington, D.C. – The National Down Syndrome Congress (NDSC) is reviewing the interim final rule recently released by Centers for Medicare & Medicaid Services (CMS) implementing the Medicaid community engagement, or work requirement, provisions enacted as part of H.R. 1. The rule requires certain adults in the 31 states and the District of Columbia who are enrolled in Medicaid through the Affordable Care Act expansion pathway to document at least 80 hours per month of work or other qualifying activities in order to maintain coverage. NDSC is deeply concerned that these requirements will cause eligible individuals, including many people with disabilities, to lose healthcare coverage due to administrative barriers, paperwork burdens, and reporting requirements.

Public Comment on the U.S. Department of Education’s Notice of Proposed Rulemaking of April 20, 2026: Accountability in Higher Education and Access through Demand-Driven Workforce Pell: Student Tuition and Transparency System and Earnings Accountability

In February 2026, NDSC sent a letter to SSA signed by 3 national Down syndrome organizations and 39 state/local Down syndrome organizations representing 24 different states. This was a very powerful demonstration of unity by the Down syndrome community, and it proved successful.

We know that advocacy works, and Indiana's withdrawal from the Texas v. Kennedy (formerly Texas v. Becerra) lawsuit is proof of that. This important step would not have happened without the leadership of The Arc of Indiana and collaboration from advocates and organizations across the state, including Down Syndrome Indiana. Thank you to DS Indiana ED Macy Pohl Kohnen and all the other Indiana advocates who championed this effort and used their voices to protect disability rights.

The Administration is once again asking Congress to eliminate key special education and disability programs as part of the President’s Fiscal Year 2027 Budget request. After hearing from thousands of individuals with disabilities, family members, and professionals during the Fiscal Year 2026 appropriations process, Congress soundly rejected these proposals on a bipartisan basis. The National Down Syndrome Congress calls on Congress to continue to protect funding for critically important programs that support and protect people with disabilities – from young children through adults.

National Down Syndrome Congress wrote urging Congress to hold oversight hearings, require the Administration to reverse these transfers, and pass legislation prohibiting the use of interagency agreements to relocate Department of Education programs without congressional authorization. Programs administered through OSERS serve millions of Americans with disabilities and must not be dismantled through administrative action.

National Down Syndrome Congress wrote to the Director and Associate Director at the Office of Budget and Management to express strong opposition to the interagency agreements (IAAs) that have transferred U.S. Department of Education (ED) programs to other agencies. NDSC is especially concerned about and opposed to transferring the Office of Special Education and Rehabilitative Services (OSERS) that includes the Office of Special Education Programs (OSEP) and the Rehabilitation Services Administration (RSA).